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Boulder seeks negotiations after Jefferson Parkway gets go-ahead

Vote by DRCOG clears parkway backers to seek private funding

By Erica Meltzer Camera Staff Writer

Posted:
01/23/2010 05:37:57 PM MST

Updated:
01/23/2010 11:24:35 PM MST

Last we knew: Jefferson County, Arvada and Broomfield formed the Jefferson Parkway Public Highway Authority to promote the construction of a toll road from Colorado 128 near the Interlocken commercial area to Colo. 93 near 64th Avenue at the north edge of Golden.

Latest: At Wednesday's meeting of the Denver Regional Council of Governments, the board of directors voted 35-17 to include Jefferson Parkway in the 2035 regional transportation plan. The vote allows the Jefferson Parkway Public Highway Authority to seek proposals from private investors to build the 13.1-mile toll road.

Next: The Boulder City Council will discuss its options on Tuesday. Officials said they hope the parkway authority and its member jurisdictions will negotiate with Boulder and other opponents to mitigate the impacts of the toll road, especially increased traffic and development. The possibility of a lawsuit isn't off the table. The parkway authority will issue a request for proposals later this year.

Boulder officials are assessing their options after a vote by the regional association of metro Denver governments cleared a significant hurdle for the controversial Jefferson Parkway.

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The Denver Regional Council of Governments board of directors voted Wednesday night to include the proposed Jefferson Parkway toll road in the group's long-range transportation plan.

The vote -- 35 for and 17 against -- came after more than two hours of passionate debate.

Jefferson County, Broomfield and Arvada have been promoting the toll highway, which would run from the Interlocken commercial complex just off U.S. 36 to Colo. 93 on the north end of Golden, as a key link for completing the beltway around the entire metro area.

Boulder, Boulder County, Louisville, Superior and Golden oppose the parkway. They say it will increase traffic congestion, spur development adjacent to the Rocky Flats Wildlife Refuge and protected open space around Colo. 93 and put the heaviest impacts on communities that won't benefit from the new road.

Boulder City Councilman Macon Cowles, who represents the city on the DRCOG board, said the city and other opponents need to enter into negotiations with the parkway's backers while not taking the threat of legal action off the table.

For example, Cowles said he'd like to see the eastern side of Colo. 93, the area north of Coal Creek Canyon and the area on the southern edge of the Wildlife Refuge protected from development.

Cowles said he believes an environmental group -- or an affected city or county -- would have a very good legal case for stopping the process. He points to the different traffic counts used to show the project met the criteria for inclusion in the plan. A high traffic count was used to show the financial viability of the project, while a low traffic count was used to calculate the projects impact on air quality.

Cowles said planners also did not take into account the likelihood the federal government would tighten ozone standards or whether the project would increase the total amount of driving done in the region.

Nonetheless, it probably would be better if any legal action were taken by private environmental groups, he said.

"We have many other areas of cooperation with DRCOG," Cowles said. "It would be hard to sue on one issue and work together on others."

Arvada Assistant City Manager Maria VanderKolk said the city is "thrilled" the project was included in the plan but stressed the DRCOG vote was just one step in the process.

"That wasn't the vote to say 'yes' to the parkway," she said. "It only gives the parkway authority the ability to seek proposals from private parties."

VanderKolk said any negotiations with opponents would have to happen through the parkway authority, and there are too many issues in play to respond to the particular concerns raised by Boulder.

On limiting development around the wildlife refuge and along Colo. 93, VanderKolk said the 1,500-acre Candelas development already is zoned and approved.

Boulder Mayor Susan Osborne said the City Council will discuss its options on Tuesday to get a "sense of the council," but she doubts the city will pursue legal action.

"If we can find some sort of compromise, I think that would be in everyone's best interest," Osborne said.

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